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Idaho – [Concluded] Stop the local march of anti-vaping laws

current status




Signed by

04/12/21 – Introduced in Senate, referred to State Affairs

04/09/21 – To Senate

04/09/21 – Rules suspended

04/08/21 – Introduced

H 363 would prohibit city and county governments in Idaho from making stricter laws than the state regarding regulation of tobacco and nicotine products. Specifically, local governments would be prohibited from imposing regulations on marketing, sales, and taxation of nicotine and tobacco products that are “more restrictive or in addition to” state laws.

This bill is waiting to be scheduled for a hearing in the Senate State Affairs Committee and we need your help to get it on the calendar.

Please take a moment to contact Sen. Patti Anne Lodge, State Affairs Committee Chair, and urge her to bring H 363 to a hearing.

Probably one of the most important reasons for preempting local regulation of tobacco and nicotine products is the observation that city and town officials are not typically steeped in public health training, nor do they possess backgrounds in science. Afterall, most of the day-to-day work of a city council involves making sure that roads get paved and budgets are balanced. In other words, local officials are typically not trained to make public health policy decisions that have such significant consequences, like banning sales or use of certain nicotine products.

As a result, local governments are at the mercy of experts and activists when it comes to receiving and deliberating over information about any particular issue. In many cases, officials are pressured to rush anti-nicotine regulations through the process by declaring an emergency and side-stepping any drawn out debate on the matter. This is a move informed mostly by emotion over-seasoned with scary out-of-context data about youth use.

Preemption can be a remedy to the manipulation of local officials’ feelings about smoking, vaping, and substance use. Restricting decisions about public health regulation to a more deliberative state legislature also provides more opportunities for all stakeholders to have their voices heard.

Read Full Bill Text

State Affairs Cmte. Page

Take Action Now!

Make contact with:

Sen. Patti Anne Lodge, Chairman, State Affairs Committee

  • Email:
  • Phone: (208) 332-1320

Also contact:
Senator Chuck Winder, Sen. President Pro Tem

  • Email:
  • Phone: (208) 332-1300

Senator Kelly Arthur Anton, Sen. Majority Leader

  • Email:
  • Phone: (208) 332-1305

ProTip: You can use a comma delimited email list to contact all of them. Just copy/paste the email list below into the “to” field of your message.


Talking points for you emails and phone calls:

  • Urge Chairman Lodge and other senate leaders to schedule H.363 for a hearing.
  • Share your story about switching to vaping or other smoke-free alternatives.
  • Regulating safer nicotine products is at least a state-level matter that can prevent a patchwork of ineffective policies.
  • Failing to enact H 363 will leave small businesses and the customers who support them vulnerable to aggressive and harmful anti-nicotine laws.
  • Be polite, be brief, and say thank you 🙂